A.
Dear Client,
Typically, such type of conduct on the part of an Advocate may be considered professional misconduct once a complaint is filed against the Advocate by the litigant/client under Section 35(1) of the Advocates Act, 1961, before the disciplinary committee of the State Bar Council. An advocate has a fiduciary duty to protect the client's interests through honest and ethical means, regardless of the potential for negative outcomes for the advocate or any other parties. A litigant can add any number of advocates to represent him/her in the court, there is no limit to this. He/she can also replace his/her Advocate if he/she has lost faith or confidence in the Advocate. She/he has the right to change counsel. Once he/she clears the Advocate's professional bills, he is bound to provide an NOC and if the Advocate is not ready or reluctant to issue an NOC after clearance of the fees, then he or she can apply to the court where the case is pending and pray for change the advocate, the court may allow the application post-hearing and after that, he/she can engage a new Advocate filing a fresh Vakalatnama in favour of new Advocate for representing his or her case before the Court.
Posted On 26-Jul-2025
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